Case law

New Jersey Builders Ass'n. v. Department of Environmental Protection

169 N.J. Super. 76 · New Jersey Superior Court Appellate Division · Jun 12, 1979

In other words, the finding of the Commissioner of DEP of a need of establishment of standards for water quality and septic systems control is clearly supported by ample credible evidence in the record. … The testimony of John Murphy of the United States Geological Survey, a qualified expert with relation to the ground water of the Central Pine Barrens, demonstrated the adequacy of DEP’s data for ground water quality.

State v. Rolon

400 N.J. Super. 608 · New Jersey Superior Court Appellate Division · Jun 20, 2008

POINT III THE INCONSISTENT VERDICTS ON THE TWO COUNTS OF FIRST[-]DEGREE ROBBERY AND POSSESSION OF A WEAPON FOR AN UNLAWFUL PURPOSE CLEARLY DEMONSTRATE THAT THE *737 JURY WAS MISLED BY THE JUDGE'S ERRORS IN THE INSTRUCTIONS … You must determine if this object qualifies as a deadly weapon and if the State has proven beyond a reasonable doubt that the defendant was in the course of committing a robbery.

Dole v. Haulaway Inc.

723 F. Supp. 274 · District Court, D. New Jersey · Oct 27, 1989

Quite clearly defendants are liable for liquidated damages for this entire period. … It has not been established that their record keeping now complies with the Act.

PARKER v. NEW JERSEY MOTOR VEHICLE COMMISSION

District Court, D. New Jersey · Aug 28, 2020

The Court next held that Defendants failed to meet their burden to establish that Plaintiff was ineligible for the endorsements. … Defendants fail to demonstrate grounds to reconsider the Court’s decision on sovereign immunity for Fulton.

STATE OF NEW JERSEY VS. KYLE P. BROWN (16-10-1680, MIDDLESEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Mar 10, 2020

A-3588-17T4 4 of discretion; (3) denial of defendant's motion for a new trial because there was no showing of a clearly … There is no evidence of legislative intent to exclude the factual scenario in this case – a car with gasoline in its tank set on fire and bursting into a fireball – from qualifying as an explosion.

Chavez-Rivas v. Olsen

194 F. Supp. 2d 368 · District Court, D. New Jersey · Apr 1, 2002

petitioners, remains the ultimate decisionmaker as to matters concerning the INS, see 8 U.S.C. § 1103 (a)(1), and is commonly designated a respondent in these cases, even when personal jurisdiction over the immediate custodian clearly … Moreover, adopting a broad notion of who qualifies as a custodian might unnecessarily complicate habeas claims by forcing courts to undertake fact-intensive analyses of venue and forum non conveniens issues. See id.

In Re Applications of North Jersey Dist. Water Supply Com'n

175 N.J. Super. 167 · New Jersey Superior Court Appellate Division · Jun 30, 1980

Hackensack Water Co., 48 N.J. 302, 310-311 (1966): "... the Water Council and its agents have developed a singular expertise and are unusually qualified to pass judgment on such subject." … Clearly, the Commissioner may use his discretion in deciding whether or not to hold a hearing.

Albert Anderson v. Board of Trustees, Etc.

New Jersey Superior Court Appellate Division · Jun 29, 2026

examine: (1) whether the agency's decision conforms with relevant law; (2) whether the decision is supported by substantial credible evidence in the record; and (3) whether in applying the law to the facts, the "agency clearly … To establish entitlement to ADRB, an applicant must prove: 1. That [they are] permanently and totally disabled; 2. As a direct result of a traumatic event that is a.

NEW JERSEY DEPARTMENT OF CHILDREN AND FAMILIES VS. L.O. (DIVISION OF CHILD PROTECTION AND PERMANENCY) (RECORD IMPOUNDED)

460 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Jun 17, 2019

Her pattern of overreacting in times of stress may qualify her for a diagnosis of histrionic personality disorder. … Div. 1998), or "established," N.J. Div. of Child Prot. & Permanency v. V.E., 448 N.J. Super. 374, 401-02 (App.

Johnson v. Johnson

204 N.J. 529 · Supreme Court of New Jersey · Dec 10, 2010

The arbitrator stated that divorce and remarriage “necessitates the need to more clearly establish boundaries between Mom’s house and Dad’s house.” … Obviously, evidential support establishing a prima facie case of harm will be required in order to trigger a hearing.

State v. Julie L. Michaels (072106)

219 N.J. 1 · Supreme Court of New Jersey · Aug 6, 2014

There also was a section where “the SLD examiner who reviewed Caylor’s analysis certified that Caylor was qualified to conduct the BAC test, and that the ‘established procedure’ for handling and analyzing [the] sample ‘ha … Clearly, defendant could not cross-examine the machines themselves. See Jenkins v.

JC v. Mendham Tp. Bd. of Educ.

29 F. Supp. 2d 214 · District Court, D. New Jersey · Dec 9, 1998

Naturally, much debate has surrounded the determination of what qualifies a party as "prevailing." … In the context of § 1988 claims, the Supreme Court has held that "it seems clearly to have been the intent of Congress to permit such an interlocutory award [of attorneys' fees] only to a party who has established his entitlement

G.S. VS. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES (DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES)

New Jersey Superior Court Appellate Division · Nov 16, 2020

As a result, the agency determined that G.S. no longer qualified for ACA Medicaid. … also meet quality and performance standards established under this section.

John Doe v. the Estate of C.V.O., Jr.

New Jersey Superior Court Appellate Division · Oct 12, 2023

Our Supreme Court in W.S. concluded the landmark CVA amendments, as applied to the CSAA, Charitable Immunity Act, N.J.S.A. 2A:53A-7 to -11, and the Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3, eliminated the procedural … To establish a negligent infliction of emotional distress claim, "the plaintiff must demonstrate 'severe emotional distress' or 'genuine and substantial emotional distress.'" Innes v. Marzano- Lesnevich, 435 N.J.

In Re Pistor

53 N.J. Super. 139 · New Jersey Superior Court Appellate Division · Dec 12, 1958

It qualified and has acted in that capacity since. Decedent's daughter, Pauline Sainsbury, died in 1944. She had two children, Pauline Purviance, who died in 1915 without issue, and Noel E. … "The pattern of her testamentary dispositions prior thereto and commencing with the original will," said the court, "clearly evinces this intention."

Lindquist v. City of Jersey City Fire Department

175 N.J. 244 · Supreme Court of New Jersey · Feb 11, 2003

Both experts were found to be qualified to render expert opinions under N.J.R.E. 702 by virtue of their “knowledge, skill, experience, training, or education.” Ibid. Dr. … However, courts must not penalize workers suffering from diseases for which science has not yet clearly established causation.

Sea Girt Restaurant & Tavern Owners Ass'n v. Borough of Sea Girt

625 F. Supp. 1482 · District Court, D. New Jersey · Jan 14, 1986

Therefore, in order to establish an entitlement to certain procedural protections, plaintiffs first must establish that their interest in a liquor license constitutes a property interest. … Any injury of that magnitude clearly requires that the State demonstrate a compelling interest, served in the least restrictive manner. Id., 546 F.Supp. at 475 .

TUCKER v. CITY OF PHILADELPHIA

District Court, D. New Jersey · Jun 29, 2023

City of Philadelphia, the Third Circuit expanded on these two sources of liability: A government policy or custom can be established in two ways. … Therefore, it is not entitled to qualified immunity. Owen v.

State v. Lavary

152 N.J. Super. 413 · New Jersey Superior Court Appellate Division · Jul 29, 1977

Div. 1974), held that the presence of an unindicted coconspirator who had testified under a grant of immunity was sufficient to sustain a conviction for conspiracy against a coconspirator. … Mazzone was an undercover agent should in no way negate defendant's clearly manifested intent to commit a criminal act. State v. Moretti, supra at 190.

State v. Kennedy

247 N.J. Super. 21 · New Jersey Superior Court Appellate Division · Mar 25, 1991

Acknowledging that the Act applies only to "records which are required by law to be made, maintained or kept on file," N.J.S.A. 47:1A-2, the ACLU argues that State Police logs qualify as public records because they contain … Our thorough review of the record convinces us that these arguments clearly lack merit. R. 2:11-3(e)(2). Defendants were found guilty on overwhelming evidence.